Carnegie  Endowment  for  International  Peace 

DIVISION  OF  INTERNATIONAL  LAW 

Pamphlet  No.  1 


ARBITRATIONS  AND  DIPLOMATIC 
SETTLEMENTS  of  the  UNITED  STATES 


PUBLISHED  BY  THE  ENDOWMENT, 
WASHINGTON,  D.  C. 

1914 


Introductory  Note 

From  time  to  time  the  Carnegie  Endowment  for  Inter¬ 
national  Peace  has  been  requested  to  furnish  information 
concerning  arbitrations  to  which  the  United  States  has  been  a 
party,  and  the  frequency  of  these  requests  leads  to  the  con¬ 
clusion  that  a  statement  of  the  arbitrations  with  a  minimum 
of  details  and  appropriate  references  would  not  only  be  of 
general  interest,  but  would  advance  the  cause  of  arbitration 
by  showing  how  frequently  and  successfully  it  has  been  re¬ 
sorted  to. 

The  pamphlet  has  therefore  been  prepared  for  the 
purpose  of  giving  in  brief  and  summary  form  the  arbi¬ 
trations  to  which  the  United  States  has  been  a  party.  It 
has  been  thought  advisable  to  include  diplomatic  settlements 
which  are  in  the  nature  of  arbitral  adjustments.  References 
are  given  under  each  case  to  various  publications  which  the 
student  or  reader  may  consult  for  more  detailed  informa¬ 
tion.  A  summary  showing  the  pecuniary  awards  rendered 
is  given  at  the  close  of  the  pamphlet. 

James  Brown  Scott, 

Director  of  the  Division  of  International  Law. 

Washington,  D.  C., 

April  i,  ip 1 4. 


TABLE  OF  REFERENCES 

Alsop  Arbitration.  (Department  of  State  Print.) 

Afnerican  Journal  of  International  Law.  (Cited  Am.  J.  Int.  Law.) 

American  State  Papers,  Foreign  Relations  [1789-1833].  (Cited  Am. 
St.  Paps.,  For.  Reis.) 

British  and  Foreign  State  Papers.  (Cited  Brit,  and  For.  St.  Paps.) 

Calvo,  Charles.  Recueil  historique  complet  des  traites,  etc.,  de  tons 
'les  Etats  de  I’Amerique  latine,  depuis  Vannee  1493  jusqu’a  nos 
jours.  Paris.  1869.  (Cited  Calvo.  ) 

Chamizal  Arbitration.  (Department  of  State  Print.) 

Clercq,  A.  J.  H.  de.  Recueil  des  traites,  conventions  et  actes  diplo- 
matiques  conclus  par  la  France  avec  les  puissances  etrangeres. 
22  vols.  Paris.  1864-1904.  (Cited  Clercq.) 

Darby,  W.  Evans.  International  Tribunals.  London.  1904.  (Cited 
Darby.) 

Foreign  Relations  of  the  United  States.  (Cited  For.  Reis.  U.  S.) 
Hertslet,  Edward  and  Lewis.  Complete  Collection  of  Treaties  and 
Conventions.  (Cited  Hertslet.) 

La  Fontaine,  H.  Pasicrisie  Internationale.  Berne.  1902.  (Cited 
La  Fontaine.) 

Malloy,  William  M.  Treaties,  Conventions,  International  Acts, 
Protocols  and  Agreements  between  the  United  States  and  Other 
Powers,  1776-1909.  (Cited  Malloy.) 

Manuscripts  of  the  Department  of  State.  (Cited  MSS.,  Dep’t  of 
State.) 

Martens,  G.  F.  de.  Nouveau  Recueil.  (Cited  Martens.) 

- Nouveau  Recueil  General  de  Traites,  Deuxieme  Serie.  (Cited 

Martens,  2d  Series.) 

Moore,  John  Bassett.  History  and  Digest  of  International  Arbitra¬ 
tions  to  Which  the  United  States  Has  Been  a  Party.  6  vols. 
Washington.  1898.  (Cited  Moore.) 

- International  Law  Digest.  8  vols.  Washington.  1906.  (Cited 

Moore,  Digest.) 

North  Atlantic  Coast  Fisheries  Arbitration.  [Senate  Document  No. 
870,  61st  Cong.,  3d  Sess.] 

Report  of  R.  C.  Morris,  agent  of  United  States,  United  States  and 
Venezuelan  Claims  Commission,  1903.  [Senate  Document  No. 
317,  58th  Cong.,  2d  Sess.] 

Senate  Documents.  (Cited  S.  Doc.,  etc.) 

Statutes  at  Large  of  the  United  States  of  America.  (Cited  Stat.  L.) 


CONTENTS 

Page. 

Brazil. 

American  Schooner  “John  S.  Bryan” .  1 

Brazilian  Indemnity  .  1 

Whaleship  “Canada”  .  1 

Chile. 

Schooner  “’Macedonia”  .  1 

Whaleship  “Good  Return”  .  1 

Mutual  Claims .  2 

Alsop  Claim  .  2 

China. 

Chinese  Indemnity  .  2 

Ashmore  Fishery  Claim  .  2 

Boxer  Indemnity  of  1901  .  3 

Colombia. 

“Panama  Riot”  Claims  .  3 

Steamer  “Montijo”  .  3 

Costa  Rica. 

Pecuniary  Claims  .  4 

Denmark. 

Mutual  Claims  .  4 

Carlos  Butterfield  &  Company .  4 

Dominican  Republic. 

Ozama  Bridge  Case  .  4 

J.  Sala  &  Company  .  5 

San  Domingo  Improvement  Company .  5 

Ecuador. 

Pecuniary  Claims  .  5 

Santos  Claim  .  5 

France. 

French  Indemnity  of  1831 .  6 

Mutual  Claims  .  6 

Germany. 

Military  Operations  in  Samoa .  6 

Great  Britain. 

St.  Croix  River  Boundary .  6 

Recovery  of  Debts  .  7 

Maritime  Seizures  and  the  Rights  and  Duties  of  Neutrals..  7 

Passamaquoddy  Bay  .  7 

Northern  Boundary  .  7 

Northeastern  Boundary  .  8 


VI 


Contents 


Page. 

Great  Britain — continued. 

Obligation  as  to  Slaves .  8 

Mutual  Claims  Which  Had  Arisen  Since  the  Treaty  of  Ghent.  9 
Hudson’s  Bay  and  Puget’s  Sound  Agricultural  Companies..  9 

“Alabama”  Claims  .  9 

Civil  War  Claims  . 9 

Coast  Fishery  Rights  . 10 

San  Juan  Water  Boundary  .  10 

Bering  Sea  Seal  Fisheries  .  10 

Bering  Sea  Claims  .  11 

Alaskan  Boundary  .  11 

North  Atlantic  Coast  Fisheries  . . .  11 

Pecuniary  Claims  .  11 

Guatemala. 

Mutual  Claims  .  12 

Haiti. 

Personal  Claims  . ~ .  12 

Personal  Claims  .  12 

Arbitrary  Arrest  and  Imprisonment .  12 

Illegal  Seizure  and  Sale  of  Property .  13 

Mexico. 

Personal  Indemnities  .  13 

Mutual  Claims  .  13 

Personal  Injuries  .  13 

Pious  Fund  of  the  Californias . .  14 

Chamizal  Tract  .  14 

New  Granada. 

(See  Colombia.) 

Nicaragua. 

Illegal  Seizures  of  “Buena  Ventura”  and  “Alerta” .  14 

Paraguay. 

United  States  and  Paraguay  Navigation  Company .  15 

Peru. 

Indemnity  for  Destruction  of  Property .  15 

Maritime  Captures  .  15 

Mutual  Claims  .  15 

Mutual  Claims  .  15 

Personal  Injuries  .  16 

Portugal. 

Violation  of  Neutrality  . .  .  16 

Delagoa  Bay  Railway  Concession .  16 

Russia. 

Seizure  of  Ships 


16 


Contents  vii 

Page. 

Salvador. 

Confiscation  of  Gunpowder .  17 

Salvador  Commercial  Company  .  17 

Siam. 

Military  Assault  on  Vice-Consul .  17 

Personal  Injuries  .  17 

Spain. 

Maritime  Captures  .  18 

East  and  West  Florida  Claims .  18 

Claims  of  American  Citizens  under  Treaty  of  1819 .  18 

Claims  Settlement  of  1834  .  18 

“Colonel  Lloyd  Aspinwall”  .  19 

Cuban  Insurrection  of  1868  .  19 

Steamer  “Virginius”  . 19 

Bark  “Masonic”  .  19 

Two  Sicilies. 

Neapolitan  Indemnity  .  19 

Venezuela. 

Claims  Settlement  of  1852 .  20 

Aves  Island  Case,  1859  .  20 

Pecuniary  Claims  .  20 

Seizure  of  Ships  .  20 

Pecuniary  Claims . .  21 

Preferential  Treatment  of  Blockading  Powers .  21 

Orinoco  Steamship  Company .  21 

United  States  and  Venezuela  Company .  21 

The  Orinoco  Corporation  .  22 

Summary .  23 


) 


Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 
Columbia  University  Libraries 


https://archive.org/details/arbitrationsdiplOOunse 


ARBITRATIONS  AND  DIPLOMATIC 
SETTLEMENTS  OF  THE 
UNITED  STATES 

Brazil 

American  Schooner  “John  S.  Bryan.” 

Seized  in  the  Province  of  Para,  Brazil,  in  June,  1836. 
Commissioners  appointed  October  15,  1842,  to  deter¬ 
mine  amount  of  loss  and  damage  suffered.  Awarded 
the  United  States  26  contos  of  reis  ($29,120).  Diplo¬ 
matic  Settlement. 

Moore,  V,  4613;  Darby,  77 9. 

Brazilian  Indemnity. 

Long  outstanding  pecuniary  claims  were  settled,  under 
convention  of  June  27,  1849,  by  the  appropriation  by 
Brazil  of  530,000  milreis  ($595,600).  Diplomatic  Set¬ 
tlement. 

Moore,  V,  4609;  Malloy,  144;  Darby,  896. 

Whaleship  “ Canada  ” 

Indemnity  for  loss  of  ship  and  cargo  through  inter¬ 
ference  of  Brazilian  officials  in  1856.  Settled  by  arbi¬ 
tration  under  protocol  of  March  14,  1870.  Awarded 
United  States  $100,740.04.  Arbitrator:  Great  Britain. 

Moore,  II,  1733;  V,  4687. 

Chile 

Schooner  “ Macedonia  .” 

Loss  of  silver  bullion  taken  from  ship  by  Chilean 
admiral  in  1821.  Settled  by  arbitration  under  conven¬ 
tion  of  November  10,  1858.  Awarded  United  States 
$42,400.  Arbitrator :  Belgium. 

Moore,  II,  1449;  V,  4689;  Malloy,  183;  La  Fontaine,  35;  Darby, 
785;  Brit,  and  For.  St.  Paps.,  vol.  49,  p.  492. 

Whaleship  “Good  Return  ” 

Detention  by  Chilean  authorities  in  1832.  Settled  by 
payment  of  $20,000  to  the  United  States  in  1874. 
Diplomatic  Settlement. 

Moore,  II,  1466;  Darby,  799;  La  Fontaine,  221. 


Mutual  Claims. 

Arose  out  of  Chilean  wars  of  1879-82  and  1890-91. 
Settled  in  1894,  by  arbitration  by  a  mixed  commis¬ 
sion  under  convention  signed  August  7 1892. 
Awarded  the  United  States  $240,564.35.  No  award 
to  Chile.  The  commission  under  the  convention  hav¬ 
ing  failed,  through  limitation,  to  conclude  its  task, 
leaving  certain  claims  duly  presented  to  it  unadjudi¬ 
cated,  a  new  convention  was  signed  May  24,  1897,  to 
renew  the  convention  of  August  7,  1892.  The  claims 
commission  appointed  under  the  convention  of  1897 
awarded  $28,062  gold,  in  favor  of  the  United  States 
and  $3,000  gold  in  favor  of  Chile.  Commissioners  (both 
commissions)  :  1  United  States,  1  Chile.  Umpire: 
Switzerland. 

Moore,  II,  1469;  III,  2231;  IV,  3255;  V,  4691;  Malloy,  185, 
190;  Darby,  820;  For.  Reis.  U.  S.  (1888),  I,  180;  Martens, 
2nd  Series,  XXII,  339;  Brit,  and  For.  St.  Paps.,  vol.  84, 
p.  600;  La  Fontaine,  474. 

Alsop  Claim. 

Breach  of  contract  between  Bolivia  and  Alsop  Com¬ 
pany  doing  business  in  what  is  now  Chilean  territory, 
but  at  that  time  Bolivian  territory.  Settled  by  arbi¬ 
tration  in  1911,  under  agreement  signed  December  1, 
1909.  Awarded  United  States  $90 6,666.78.  Amiable 
Compositeur:  Great  Britain. 

Alsop  Arbitration  (Dep’t  of  State)  ;  Am.  J.  Int.  Law,  V,  1079. 

China 

Chinese  Indemnity. 

Destruction  of  property  of  American  citizens  in  1856. 
Settled  under  convention  of  November  8,  1858,  China 
allotting  the  sum  of  $735,238.97.  Award  in  favor 
of  the  United  States  only  $489,187.95,  but  the  Chinese 
Government  refused  to  accept  'the  surplus,  which  subse¬ 
quently  was  used  in  payment  of  other  established  claims 
against  the  Chinese  Government.  Diplomatic  Settle¬ 
ments. 

Moore,  V,  4627 ;  Malloy,  232 ;  Darby,  897 ;  For.  Reis.  U.  S. 
(1885),  183. 

Ashmore  Fishery  Claim. 

Dispossession  of  American  citizen  of  a  fishery  in  Chi¬ 
nese  territory.  Settled  by  arbitration  May  24,  1884. 


3 


Awarded  United  States  $4,600.  Arbitrators:  1 
Great  Britain,  1  Netherlands. 

Moore,  II,  1857;  Darby,  805;  La  Fontaine,  601. 

Boxer  Indemnity  of  1901. 

Indemnity  for  losses  and  damages  suffered  by  Ameri¬ 
can  citizens  and  for  expenses  of  military  and  naval 
operations  of  the  United  States  arising  out  of  the  in¬ 
surrection  of  1900.  Under  the  provisions  of  the  pro¬ 
tocol  between  China  and  the  allied  Powers,  of 
September  7,  1901,  and  its  annexes,  the  former  Gov¬ 
ernment  obligated  itself  to  pay  to  the  signatory 
governments  certain  indemnities, — that  of  the  United 
States  being  placed  at  $24,000,000,  gold.  Since  the 
signing  of  that  protocol  the  United  States  has  reduced 
its  indemnity  to  $11,000,000,  and  remitted  to  the  Chi¬ 
nese  Government  the  $13,000,000  remaining  of  the  orig¬ 
inal  indemnity  demanded.  Diplomatic  Settlement. 

Malloy,  2006;  MSS.,  Dep’t  of  State;  For.  Rel.  U.  S.  (1901), 
App. ;  35  Stat.  L.,  577. 


Colombia 

“Panama  Riot”  Claims. 

Arising  out  of  violation  of  rights  acquired  by  the  United 
States  on  the  Isthmus  of  Panama  under  the  treaty  of 
1846  with  New  Granada,  and  for  damages  arising  out 
of  a  riot  at  Panama  on  April  15,  1856.  Settled  by 
mixed  commission  under  convention  of  September 
10,  1857.  Awarded  United  States  $496,235.47.  Re¬ 
maining  unadjudicated  claims  continued  for  later  ad¬ 
judication.  These  latter  settled  in  1865-66  by  a  mixed 
commission  under  the  convention  dated  February  10, 
1864.  Awarded  the  United  States  $88,367.19.  Com¬ 
missioners  (first  commission)  :  1  Mexico,  1  United 
States,  Umpire:  United  States ;  (second  commission)  : 
1  United  States,  1  Colombia.  Umpire:  Great  Britain. 

Moore,  II,  1361,  1396;  V,  4694;  Darby,  783,  789;  Brit,  and  For. 
St.  Paps.,  vol.  47,  p.  353;  id.,  vol.  54,  p.  1132;  La  Fontaine, 
33,  620,  Malloy,  319,  321. 

Steamer  “Monti jo.” 

Indemnity  for  capture  and  use  by  insurgents  in  April, 
1871.  Settled  in  1875  by  a  mixed  commission  under 


4 


agreement  of  August  17,  1874.  Awarded  the  United 
States  $33,401.  Commissioners :  1  United  States,  1 
Colombia.  Umpire:  Great  Britain. 

Moore,  II,  1421;  V,  4698;  For.  Reis.  U.  S.  (1875-76),  427; 
Darby,  799;  Brit,  and  For.  St.  Paps.,  vol.  65,  p.  619;  La 
Fontaine,  209. 


Costa  Rica 

Pecuniary  Claims. 

Claims  of  American  citizens  for  personal  injuries  and 
damages  to  property  due  to  acts  of  Costa  Rican  author¬ 
ities.  Settled  in  1862,  by  arbitration  by  a  mixed  com¬ 
mission  under  the  convention  signed  July  2,  1860. 
Awarded  the  United  States  $25,704.14.  Commissioners: 
1  United  States,  1  Costa  RicaC  Umpire:  Italy. 

Malloy,  346;  Moore,  II,  1551;  V,  4701;  Darby,  786;  Brit,  and 
For.  St.  Paps.,  vol.  50,  p.  498;  La  Fontaine,  38. 

Denmark 

Mutual  Claims. 

Arose  out  of  detention  and  confiscation  of  merchant 
vessels  and  goods  during  the  Napoleonic  wars.  Set¬ 
tled  in  1833,  under  the  convention  of  March  28,  1830, 
by  a  domestic  commission  composed  of  American  citi¬ 
zens,  Denmark  having  previously  renounced  her  own 
claims  and  agreed  to  pay  a  total  of  $650,000  to  Ameri¬ 
can  claimants.  Diplomatic  Settlement. 

Darby,  894 ;  Moore,  V,  4549 ;  Malloy,  377 ;  Martens,  VIII, 
350;  Brit,  and  For.  St.  Paps.,  vol.  17,  p.  958;  Am.  St.  Paps., 
For.  Reis.,  Ill,  521. 

Carlos  Butterfield  &  Company. 

Seizure  and  detention,  in  1854-5,  of  vessels  named 
Ben  Franklin  and  Catherine  Augusta.  Settled  in  1890, 
by  arbitration  under  an  agreement  signed  December  6, 
1888.  Claim  rejected.  Arbitrator:  Great  Britain. 

La  Fontaine,  329;  Malloy,  387;  Darby,  814;  Moore,  II,  1185; 
V,  4710;  Martens,  2nd  Series,  XV,  790;  For.  Reis.  U.  S. 
(1889),  151;  Brit,  and  For.  St.  Paps.,  vol.  82,  p.  756. 

Dominican  Republic 

Osama  Bridge  Case. 

Claim  arising  out  of  seizure,  by  municipal  authorities 
of  Santo  Domingo  City,  of  a  toll  bridge  owned  by  an 
American  citizen  under  concessions  from  city  govern¬ 
ment.  Referred  to  arbitration  under  agreement  con- 


5 


eluded  by  diplomatic  correspondence  in  1897-98. 
Awarded  United  States  $74,411.17.  Arbitrator:  United 
States. 

Moore,  Digest,  VI,  729;  For.  Reis.  U.  S.  (1898),  274. 

J.  Sala  &  Company. 

Claim  of  American  firm  for  supplies  furnished  to  late 
President.  Submitted  to  arbitration  by  agreement  be¬ 
tween  the  firm  and  Dominican  Government  in  January, 
1903.  Awarded  United  States  $215,000.  Arbitra¬ 
tors:  United  States  and  Bolivia. 

Darby,  904;  MSS.  Dep’t  of  State. 

San  Domingo  Improvement  Company. 

Differences  arose  between  the  Dominican  Government 
and  certain  American  corporations.  Under  a  protocol 
signed  January  31,  1903,  the  companies  withdrew  from 
the  Dominican  Republic,  and  the  question  of  indemnity 
was  submitted  to  arbitrators.  Award  of  $4,481,250  in 
favor  of  the  United  States.  Arbitrators:  1  United 
States,  1  Dominican  Republic.  Umpire:  United  States. 

For.  Reis.  U.  S.  (1904),  270;  Malloy,  414;  Moore,  Digest, 
VI,  523,  734. 


Ecuador 

Pecuniary  Claims. 

Mutual  claims  of  citizens  of  the  two  countries  which 
arose  out  of  various  governmental  acts.  Settled  in  1865 
by  a  mixed  commission  under  the  provisions  of  the 
convention  signed  November  25,  1862.  Awarded  United 
States  $94,799.56.  Commissioners:  1  United  States,  1 
Ecuador.  Umpire:  Venezuela. 

Moore,  II,  1569;  V,  4711;  Darby,  787;  Malloy,  432;  Brit,  and 
For.  St.  Paps.,  Vol.  54/ p.  1121;  La  Fontaine,  40. 

Santos  Claim. 

Illegal  arrest  in  December,  1884,  of  Santos,  an  Ameri¬ 
can  citizen,  who  was  charged  with  complicity  in  the 
revolution.  Settled  by  arbitration  in  September  22, 
1896,  under  convention  signed  February  28,  1893. 
Awarded  United  States  $40,000.  Arbitrator:  Great 
Britain. 

Moore,  II,  1579;  V,  4713 ;  Malloy,  438;  Darby,  820;  Martens, 
2nd  Series,  XXII,  375;  For.  Reis.  U.  S.  (1896),  103;  Brit, 
and  For.  St.  Paps.,  vol.  86,  p.  1174;  vol.  88,  p.  552;  La 
Fontaine,  449. 


6 


France 

French  Indemnity  of  1831. 

Mutual  claims  arising  out  of  depredations  at  sea  during 
the  Napoleonic  wars.  Settled  in  1836,  under  a  con¬ 
vention  signed  July  4,  1831,  by  the  provisions  of  which 
the  French  Government  agreed  to  pay  the  sum  of 
25,000,000  francs  and  the  United  States  to  pay  to 
France  the  sum  of  $1,500,000.  Diplomatic  Settlement. 

Malloy,  523;  Darbv,  894;  Moore,  V,  4447;  Am.  St.  Paps., 
For.  Reis.,  Ill,  25,  80,  244,  324;  V,  152,  204,  642,  672. 

Mutual  Claims. 

Claims  for  compensation  for  injuries  sustained  by  the 
citizens  of  both  countries  during  the  Mexican  War  of 
1863,  the  American  Civil  War,  and  the  Franco-German 
War  of  1870.  Settled  in  1884,  by  a  mixed  commis¬ 
sion  under  a  convention  signed  January  15,  1880. 
Awarded  the  United  States  13,659.14  francs;  awarded 
against  the  United  States  $625,566.35.  Commissioners: 
1  United  States,  1  France.  Umpire:  Brazil. 

Moore,  II.  1133;  V,  4715;  Darby,  801;  Martens,  2nd  Series, 
VI,  493;  IX,  700;  Clercq,  XII,  519;  XIV,  42,  132;  La  Fontaine, 
227 ;  Malloy,  535. 

Germany 

Military  Operations  in  Samoa. 

Claims  for  damages  resulting  from  military  op¬ 
erations  of  Great  Britain  and  the  United  States 
in  bombarding  Apia  in  1899.  Settled  in  1902  by 
arbitration,  under  a  convention  signed  November 
7,  1899.  Awarded  Germany  as  against  the  United 
States  and  Great  Britain  £50,000,  of  which  one- 
half,  £25,000  ($121,500),  was  paid  by  the  United  States. 
Arbitrator:  Sweden  and  Norway. 

Malloy,  1589;  Darby,  835;  MSS.  Dep’t  of  State;  La  Fontaine, 
613. 


Great  Britain 

St.  Croix  River  Boundary. 

Controversy  as  to  what  river  was  intended  under  the 
name  of  the  river  St.  Croix  mentioned  in  the  Treaty  of 
Peace  of  1783.  Settled  by  arbitration  by  a  commis¬ 
sion  in  1798,  under  treaty  signed  November  19,  1794. 
Award  in  favor  of  the  United  States.  Commissioners: 


7 


1  United  States,  1  Great  Britain.  Umpire:  United 
States. 

Malloy,  593;  Moore,  I,  1;  V,  4720;  Darby,  769;  Hertslet,  IX, 
761 ;  La  Fontaine,  1. 

Recovery  of  Debts. 

Arose  out  of  acts  of  certain  States  which  passed  laws 
impeding  the  recovery  of  sums  of  money  by  British 
subjects  prior  to  the  war  of  the  revolution.  Settled 
finally  by  convention  signed  January  8,  1802,  under 
the  terms  of  which  the  United  States  agreed  to  pay  to 
Great  Britain  the  sum  of  $2,664,000,  the  total  claim. 
The  mixed  commission  originally  appointed  under  the 
treaty  of  1794,  composed  of  5  commissioners  (3  Great 
Britain  and  2  United  States),  had  been  unable  to  reach 
an  agreement.  Diplomatic  Settlement. 

Malloy,  594,  610;  Moore,  V,  4727. 

Maritime  Seizures  and  the  Rights  and  Duties  of  Neutrals. 

Mutual  claims  arising  from  losses  and  damages  sus¬ 
tained  by  irregular  and  illegal  captures  or  condemna¬ 
tion  during  the  revolution.  Settled  by  arbitration  by  a 
commission  in  1804,  under  Article  VII,  of  the  treaty 
of  November  19,  1794.  Awarded  the  United  States 
$11,656,000;  awarded  Great  Britain  $143,428.14.  Com¬ 
missioners:  2  United  States,  2  Great  Britain.  Umpire: 
United  States. 

Darby,  770;  Moore,  I,  299;  V,  4720;  La  Fontaine,  4;  Am. 
St.  Paps.,  For.  Reis.,  I,  140,  184,  239,  315,  401,  430,  472. 

Passamaquoddy  Bay. 

Question  of  ownership  of  certain  islands  in  the  Bay. 
Settled  by  arbitration  by  a  commission  under  Article 
IV  of  the  treaty  signed  December  24,  1814.  Award 
divided  ownership  with  preponderance  against  the 
United  States.  Commissioners:  I  United  States,  1  Great 
Britain. 

Moore,  I,  45;  V,  4728;  Darby,  772;  Brit,  and  For.  St.  Paps., 
vol.  4,  p.  805;  Vol.  5,  p.  198;  Martens.  II,  76;  Am.  St.  Paps., 
For.  Reis.,  I,  92;  II,  584;  IV,  171,  808;  Malloy,  614. 

Northern  Boundary. 

Boundary  along  the  middle  of  the  Great  Lakes,  etc., 
to  the  water  communication  between  Lakes  Huron  and 


8 


Superior;  also  boundary  to  the  Lake  of  the  Woods. 
Under  Articles  VI  and  VII,  of  the  treaty  signed  De¬ 
cember  24,  1814,  the  questions  were  referred  to  a  joint 
commission  for  arbitration,  which,  however,  disagreed 
The  questions  were  finally  settled  under  Articles  VI 
and  VII  of  the  Webster-Ashburton  Treaty,  signed  Au¬ 
gust  9,  1842.  Commissioners:  1  United  States 
and  1  Great  Britain,  disagreed.  Diplomatic  Settlement. 

Am.  St.  Paps.,  For.  Reis.,  II,  584;  III,  164;  IV,  808;  La 
Fontaine,  15;  Brit,  and  For.  St.  Paps.,  vol.  57,  p.  803;  Moore, 
I,  162,  171;  V,  4728;  Darby,  772;  Malloy,  612. 

Northeastern  Boundary. 

Controversy  over  the  boundary  of  the  United  States 
from  the  source  of  the  river  St.  Croix  to  the  river 
St.  Lawrence.  Under  Article  V,  of  the  treaty  of 
December  24,  1814,  provision  was  made  for  a  commis¬ 
sion  to  determine  this  boundary.  The  commission, 
however,  was  unable  to  agree  and  finally  adjourned 
April  13,  1822.  The  question  was  then  referred  to  the 
arbitration  of  the  King  of  The  Netherlands  under 
treaty  of  September  29,  1827.  Award  rendered  Jan¬ 
uary  10,  1831,  but  was  not  decisive.  The  boundary  was 
finally  settled  by  the  Webster-Ashburton  Treaty  of 
1842.  Diplomatic  Settlement. 

Moore,  I,  65;  V,  4728;  Darby,  772;  Martens,  VII  (pt.  2), 
p.  491;  Hertslet,  XVIII,  1249;  Am.  St.  Paps.,  For.  Reis.,  II, 
584;  III,  162;  IV,  647,  808;  V,  50;  Brit,  and  For.  St.  Paps., 
vol.  15,  p.  469;  vol.  22,  p.  772;  vol.  23,  p.  404;  vol.  24,  p.  1179; 
vol.  25,  p.  903;  vol.  27,  p.  821;  La  Fontaine,  8;  Malloy,  615. 

Obligation  as  to  Slaves. 

Controversy  respecting  the  true  intent  and  meaning  of 
Article  I  of  the  Treaty  of  Ghent  of  December  24,  1814, 
respecting  the  restoration  of,  or  compensation  for, 
slaves  in  territory  in  possession  of  British  at  time  of 
ratification  of  that  treaty,  which  territory  was  to  be  re¬ 
stored  to  the  United  States.  Settled  by  arbitration,  de¬ 
cision  being  rendered  April  22,  1822,  under  the  conven¬ 
tion  of  October  20,  1818.  Award  in  favor  of  the  United 
States.  The  amount  of  compensation  was  not  fixed  by 
this  award,  but  was  left  to  a  mixed  commission  under 
a  convention  signed  July  12,  1822,  which  rendered  its 
decision  November  13,  1826.  Awarded  the  United 


9 


States  $1,204,960.  Arbitrator:  Russia.  Commissioners: 
2  United  States,  2  Great  Britain. 

Moore,  I,  350;  V,  4733;  Darby,  775;  Am.  St.  Paps.,  For.  Reis., 
Ill,  735;  IV,  106,  376;  V,  214;  La  Fontaine,  17,  619;  Malloy, 
631,  634. 

Mutual  Claims  Which  Had  Arisen  Since  the  Treaty  of 
Ghent. 

Settled  in  1854  by  a  mixed  commission  under  a  con¬ 
vention  signed  February  8,  1853.  Awarded  the  United 
States  $329,734.16;  awarded  Great  Britain  $277,102.88. 
Commissioners:  1  Great  Britain,  1  United  States.  Um¬ 
pire:  Great  Britain. 

Moore,  I,  391;  IV,  4349;  Darby,  782;  Malloy,  664;  La  Fon¬ 
taine,  31. 

Hudson  s  Bay  and  Puget's  Sound  Agricultural  Companies. 
Claims  of  these  British  companies  on  account  of  appro¬ 
priation  of  lands  once  possessed  by  them  in  territories 
of  Oregon  and  Washington.  Settled  by  arbitration  in 
1865,  under  the  treaty  signed  July  1,  1863.  Awarded 
title  of  the  land  to  the  United  States  upon  payment  of 
cash  consideration  of  $650,000  to  Great  Britain. 
Commissioners:  1  United  States,  1  Great  Britain.  Um¬ 
pire:  United  States. 

Moore,  I,  237;  V,  4749;  Darby,  788;  La  Fontaine,  44;  For. 
Reis.  U.  S.  (1871-72),  532;  Malloy,  688. 

“Alabama”  Claims. 

Claims  of  American  citizens  for  compensation  for 
losses  and  damages  occasioned  by  acts  of  the  Alabama 
and  other  privateers  fitted  out  in  British  waters.  Set¬ 
tled  in  1872,  by  arbitration  by  a  mixed  commission 
under  Articles  1-11  of  the  treaty  of  May  8,  1871. 
Awarded  United  States  $15,500,000.  Commissioners: 
1  United  States,  1  Great  Britain,  1  Italy,  1  Switzerland, 
and  1  Brazil. 

Moore,  I,  495;  Darby,  794;  Malloy,  701,  footnote;  La  Fontaine, 
138. 

Civil  War  Claims. 

Mutual  claims  of  subjects  arising  out  of  military 
operations  during  the  Civil  War.  Settled  in  1873, 
by  arbitration  by  a  mixed  commission  under 
Articles  12-17  of  the  treaty  signed  May  8,  1871. 


10 


Awarded  Great  Britain  $1,929,819.  Commissioners:  1 
United  States,  1  Great  Britain.  Umpire:  Italy. 

Moore,  I,  683;  III,  2201;  Darby,  795;  Malloy,  705,  footnote; 
Martens,  2nd  Series,  I,  37;  Hertsiet,  XIV,  1180;  La  Fon¬ 
taine,  144. 

Coast  Fishery  Rights. 

Controversy  as  to  pecuniary  compensation  due  Great 
Britain  in  consideration  of  the  greater  value  of  fishing 
privileges  conferred  by  Great  Britain  on  the  United 
States  under  Articles  18-21  of  the  Treaty  of  Washing¬ 
ton.  Settled  in  1878  by  arbitration  by  a  mixed  com¬ 
mission  under  Articles  22-25  of  the  Treaty  of  Wash¬ 
ington,  signed  May  8,  1871.  Awarded  Great  Britain 
$5,500,000.  Commissioners:  1  United  States,  1  Great 
Britain,  1  Belgium. 

Moore,  I,  703;  V,  4751;  Darby,  795;  Moore,  Digest,  I,  799; 
Malloy,  708,  footnote;  Hertsiet,  XIV,  1185;  La  Fontaine,  148. 

San  Juan  Water  Boundary. 

Dispute  as  to  the  boundary  line  through  the  channel 
separating  the  continent  from  Vancouver  Island.  Set¬ 
tled  in  1872,  by  arbitration  under  Articles  34-37  of  the 
Treaty  of  Washington.  Award  in  favor  of  United 
States.  Arbitrator:  Germany. 

Moore,  I,  196;  V,  4756;  Darby,  796;  Malloy,  716;  Brit,  and 
For.  St.  Paps.,  vol.  50,  p.  796;  vol.  55,  pp.  743,  1211,  1284; 
vol.  56,  p.  1406;  vol.  59,  p.  21;  vol.  62.  p.  188;  La  Fontaine, 
149;  Martens,  XX,  775. 

Bering  Sea  Seal  Fisheries. 

Controversy  as  to  the  jurisdictional  rights  of  the  United 
States  in  the  Bering  Sea.  Settled  in  1893  by  arbitra¬ 
tion  under  the  convention  signed  February  29,  1892. 
Award  against  the  United  States  in  the  matter  of 
ownership  of  the  seals  outside  of  the  maritime  jurisdic¬ 
tion  and  in  favor  of  the  United  States  to  the  extent 
that  necessity  for  regulation  was  admitted.  Arbitra¬ 
tors:  2  United  States,  2  Great  Britain,  1  France,  1 
Italy,  1  Norway  and  Sweden. 

Moore,  I,  755;  II,  2123;  V,  4759;  Darby,  819;  Malloy,  746; 
Martens,  2nd  Series,  XVIII,  592;  XXII,  557;  Hertsiet,  XIX, 
925;  For.  Reis.,  U.  S.  (1890),  358;  (1891),  530,  La  Fontaine, 
422. 


11 


Bering  Sea  Claims. 

Claims  of  British  subjects  for  seizure  and  detention  of 
vessels  and  sailing  fleets  prior  to  1892  in  Bering  Sea 
waters  outside  of  the  maritime  limit.  The  United 
States  in  1894  offered  to  pay,  subject  to  consent  of  Con¬ 
gress,  $425,000  in  full  settlement.  This  was  accepted 
by  Great  Britain.  Congress  did  not  appropriate  the 
money  and  a  mixed  commission  was  appointed  under 
a  convention  signed  February  8,  1896,  to  determine  the 
exact  amount  of  damages  in  the  case.  Awarded  Great 
Britain,  December  17,  1897,  $473,151.26.  Ccnnmission- 
ers:  1  Great  Britain,  1  United  States. 

Moore,  I,  960;  II,  2123;  V,  4764,  5067;  Darby,  825;  Malloy, 
766;  Hertslet,  XX,  935;  La  Fontaine,  520, 

Alaskan  Boundary. 

Controversy  as  to  the  boundary  between  Alaska  and  the 
Dominion  of  Canada.  Settled  in  1903  by  arbitration  by 
a  joint  commission  under  the  convention  signed  Janu¬ 
ary  24,  1903.  Award  largely  in  favor  of  the  United 
States.  Arbitrators :  3  United  States,  3  Great  Britain. 

Malloy,  787 ;  Darby,  908;  S.  Doc.  No.  162,  58th  Cong.,  1st  Sess. 

North  Atlantic  Coast  Fisheries. 

Controversy  as  to  the  rights  of  American  citizens  in 
North  Atlantic  Coast  waters,  granted  by  Article  1  of 
the  convention  of  October  20,  1818.  Settled  in  1910,  by 
arbitration  by  the  Permanent  Court  at  The  Hague  under 
a  special  agreement  signed  January  27,  1909.  Award 
on  five  of  the  seven  questions  favorable  to  the  United 
States ;  on  the  other  two  questions  a  compromise. 
Arbitrators:  1  United  States,  1  Great  Britain,  1  Aus¬ 
tria,  1  Netherlands,  1  Argentine  R-epublic. 

Moore,  I,  426;  V,  4747 ;  La  Fontaine,  437;  Malloy,  835;  North 
Atlantic  Coast  Fisheries  Arbitration  (Dep’t  of  State). 

Pecuniary  Claims. 

By  an  agreement  signed  August  18,  1910,  certain  out¬ 
standing  claims  were  referred  to  arbitration,  as  recom¬ 
mended  by  article  38  of  the  Hague  Convention  of  Oc¬ 
tober  18,  1907.  The  arbitration  is  still  pending.  Arbi¬ 
trators :  1  United  States,  1  Great  Britain,  1  France. 

S.  Doc.  No.  1063,  62d  Cong.,  3d  Sess.,  p.  50. 


12 


Guatemala 

Mutual  Claims. 

Arising  out  of  a  contract  between  the  Government  of 
Guatemala  and  a  citizen  of  the  United  States  concern¬ 
ing  the  building  of  the  Guatemala  Northern  Railroad 
and  for  damages  caused  by  civil  and  military  authori¬ 
ties  of  Guatemala.  Settled  by  Arbitrator  under  agree¬ 
ment  of  February  23,  1900.  Award  of  $143,750.73  in 
favor  of  United  States.  Arbitrator:  Great  Britain. 

Moore,  Digest,  VI,  730;  For.  Reis.  U.  S.  (1900),  648;  Malloy, 
871. 


Haiti 

Personal  Claims. 

Arising  out  of  charges  against  American  citizens  of 
piracy  and  traffic  in  slaves,  and  the  non-execution  of  a 
contract  in  connection  with  a  government  concession 
for  a  bank.  Settled  by  arbitrator  under  protocol  of 
May  24,  1884.  Award  of  $174,750,  in  favor  of  the 
United  States,  set  aside  by  Department  of  State.  Arbi¬ 
trator:  United  States. 

Moore,  II,  1749;  V,  4768;  Darby,  806;  For.  Reis.  U.  S.  (1887), 
630;  Malloy,  932,  935;  Martens,  2nd  Series,  XI,  798;  Brit,  and 
For.  St.  Paps.,  vol.  75,  p.  382;  La  Fontaine,  245. 

Personal  Claims. 

Damages  sustained  during  a  riot  at  Port  au  Prince. 
September,  1883.  Settled  by  a  mixed  commission  un¬ 
der  verbal  agreement  of  January  25,  1885.  Award 
of  $5,700  in  favor  of  the  United  States.  Commission¬ 
ers:  2  United  States,  2  Haiti. 

For.  Reis.  U.  S.  (1883),  594;  (1885),  500;  Moore,  II,  1859. 

Arbitrary  Arrest  and  Imprisonment. 

Arrest  and  imprisonment  of  an  American  citizen 
and  denial  of  legal  rights  at  Port  au  Prince  in  1884. 
Settled  by  arbitrator  under  protocol  of  May  24,  1888. 
Award  of  $60,000  in  favor  of  the  United  States.  Arbi¬ 
trator:  United  States. 

Darby,  813 ;  Malloy,  935 ;  Moore,  II,  1807 ;  V,  4770 ;  For. 
Reis.  U.  S.  (1884),  316;  (1885),  498;  (1888,  pt.  1),  984, 
1007 ;  La  Fontaine,  301. 


13 


Illegal  Seizure  and  Sale  of  Property . 

Claim  for  seizure  and  sale  of  property  belonging  to 
American  citizen  by  the  Government  of  Haiti,  and  for 
breach  of  contract.  By  agreement  of  October  18,  1899, 
referred  to  arbitrator.  Award  of  $23,000  in  favor  of 
the  United  States.  Arbitrator:  United  States. 

Malloy,  936;  Darby,  835;  Brit,  and  For.  St.  Pans.,  vol.  92, 
p.  461. 

Mexico 

Personal  Indemnities . 

Claims  of  United  States  citizens  for  damages  suffered 
during  numerous  revolutions.  All  claims  referred  by 
convention  of  April  11,  1839,  to  an  arbitral  commission. 
Awarded  United  States,  $671,798.08.  Remaining  unad¬ 
judicated  claims  referred  to  another  commission  by 
convention  of  January  30,  1843.  War  with  Mexico  in¬ 
tervened,  and  at  the  close  of  the  war  the  United  States, 
in  consideration  of  territory  ceded  by  Mexico  under 
the  treaty  of  February  2,  1848,  agreed  not  only  to  pay 
the  liquidated  claims  under  the  conventions  of  1839 
and  1843,  but  also  to  discharge  Mexico  from  all  claims 
of  citizens  of  the  United  States  not  heretofore  decided 
against  the  Mexican  Government  and  to  make  satisfac¬ 
tion  for  the  same  to  an  amount  not  exceeding  three  and 
one-quarter  million  dollars.  For  this  purpose  the  United 
States  established  a  board  of  commissioners  whose 
awards  amounted  to  $3,208,314.96.  Diplomatic  Set¬ 
tlements. 

Moore,  IT,  1209;  V,  4771 ;  Darby,  778;  Malloy,  1101,  1105, 
1107;  La  Fontaine,  21;  MSS.  Dep’t  of  State. 

Mutual  Claims. 

Various  claims  and  counter-claims  which  had  arisen 
since  the  Treaty  of  Guadalupe  Hidalgo  in  1848.  Settled 
by  a  mixed  commission  under  a  convention  dated  July 
4,  1868.  Awards,  $4,125,622.20  in  favor  of  the  United 
States,  $150,498.41  in  favor  of  Mexico.  Commissioners: 
1  United  States,  1  Mexico.  Umpire:  Great  Britain. 

Moore,  II,  1287;  V,  4773;  Darby,  791;  Malloy,  1128;  Calvo, 
II,  570;  La  Fontaine,  70. 

Personal  Injuries. 

Suffered  by  American  citizens  at  the  hands  of 
Mexican  agents  in  1892.  Settled  by  arbitrator  under 


14 


a  special  convention  of  March  2,  1897.  Award  in 
favor  of  Mexico.  Arbitrator:  Argentine  Republic. 

Malloy,  1180;  Darby,  82 8;  For.  Reis.  U.  S.  (1897),  378;  Brit, 
and  For.  St.  Paps.,  vol.  90,  p.  1252;  La  Fontaine,  558. 

Pious  Fund  of  the  Californios. 

Claim  advanced  by  and  on  behalf  of  prelates  of  the 
Roman  Catholic  Church  of  California  against  Mexico 
for  annual  interest  in  arrears  on  a  certain  fund  known 
as  the  “Pious  Fund  of  the  Californias.”  Settled  by 
Permanent  Court  at  The  Hagiie  under  the  protocol  of 
May  22,  1902.  Award  of  permanent  future  annual 
interest  of  $43,050.99,  Mexican  money,  and  arrears 
amounting  to  $1,420,082.67,  Mexican  money  (approx¬ 
imately  $710,041.33.,  United  States  money),  in  favor 
of  the  United  States.  Arbitrators :  1  Great  Britain, 
1  Russia,  2  Netherlands,  1  Denmark. 

Malloy,  1194;  Darby,  901;  MSS.  Dep’t  of  State. 

Chamizal  Tract. 

Controversy  over  the  ownership  of  a  tract  of  land  situ¬ 
ated  on  the  Rio  Grande  River  near  El  Paso,  Texas. 
Submitted  to  a  mixed  commission  in  1911,  under 
agreement  signed  June  24,  1910.  Award  indecisive 
and  question  is  still  subject  of  diplomatic  negotiation. 
Commissioners:  1  United  States,  1  Mexico.  Umpire: 
Great  Britain. 

Chamizal  Arbitration  (Dep’t  of  State)  ;  Am.  J.  Int.  Law,  IV, 
925;  V,  709,  782-832. 


Nicaragua 

Illegal  Seizures  of  e( Buena  Ventura,f  and  “Alerta.” 

Seizure  and  detention  by  Nicaraguan  authorities  of  the 
two  steam  launches  Buena  Ventura  and  Alerta  be¬ 
longing  to  American  citizens.  Also  claim  of  an 
American  company  for  seizure  of  certain  goods  be¬ 
longing  to  it.  Settled  by  an  arbitrator  under  an 
agreement  signed  March  22,  1900.  Award  of  $8,- 
365.94,  in  favor  of  the  United  States.  Arbitrator: 
United  States. 

Malloy,  1290;  Darby,  837;  La  Fontaine,  616. 


15 


Paraguay 

United  States  and  Paraguay  Navigation  Company . 

Confiscation  of  property  rights,  interference  with  the 
business  and  expulsion  of  the  company  from  the  coun¬ 
try.  Settled  by  a  commission  under  convention  of  Feb¬ 
ruary  4,  1859.  Award  in  favor  of  Paraguay.  Com¬ 
missioners:  1  United  States,  1  Paraguay. 

Moore,  II,  1485;  V,  4781;  Malloy,  1362;  Darby,  785;  Brit, 
and  For.  St.  Paps.,  vol.  49,  p.  485 ;  La  Fontaine,  37,  620. 

Peru 

Indemnity  for  Destruction  of  Property. 

Seizure  and  destruction  of  property  by  the  Peruvian 
Government.  By  a  convention  signed  March  17,  1841, 
the  Peruvian  Government  agreed  to  pay  the  United 
States  300,000  “hard  dollars,”  to  be  distributed  among 
the  claimants  in  a  manner  prescribed  by  the  United 
States  Congress.  The  United  States  Congress  directed 
the  Attorney  General  to  adjudicate  the  claims.  Award 
of  $421,432.41  in  favor  of  the  United  States.  Diplo¬ 
matic  Settlement. 

Moore,  V,  4591 ;  Darby,  895 ;  Malloy,  1386. 

Maritime  Captures. 

Illegal  capture  and  confiscation  of  two  American  ships, 
Lizzie  Thompson  and  Georgiana,  in  January,  1858. 
Settled  by  arbitrator  under  agreement  of  December 
20,  1862,  in  that  the  arbitrator  declined  to  act,  and  his 
reasons  given  for  such  declination  convinced  the  United 
States  that  its  claim  was  untenable.  Claim  withdrawn 
by  United  States.  Arbitrator:  Belgium. 

Moore,  II,  1593;  V,  4785;  Malloy,  1406;  Darby,  787;  Brit, 
and  For.  St.  Paps.,  vol.  54,  p.  1123;  La  Fontaine,  41. 

Mutual  Claims. 

Settled  by  mixed  commission  under  convention  signed 
January  12,  1863.  Awards  in  favor  of  United  States, 
$57,196.23  ;  in  favor  of  Peru,  $25,300.  Commissioners:  2 
United  States,  2  Peru.  Umpire :  Colombia. 

Moore,  II,  1615;  V,  4786;  Malloy,  1408;  Darby,  788;  Brit, 
and  For.  St.  Paps.,  vol.  54,  p.  1124;  La  Fontaine,  43. 

Mutual  Claims. 

Various  claims  arising  since  1863.  Settled  by  an  arbi¬ 
tral  commission  under  convention  of  December  4,  1868. 


i 


16 


Awards  in  favor  of  the  United  States,  $194,417.62 ;  in 
favor  of  Peril,  $57,040.  Commissioners:  1  United  States, 
1  Peru.  Umpires:  1  Great  Britain,  1  Colombia,  acting 
by  lot. 

Moore,  II,  1639;  V,  4788;  Darby,  792;  Malloy,  1411;  Brit, 
and  For.  St.  Paps.,  vol.  59,  p.  268;  La  Fontaine,  79. 

Personal  Injuries. 

Damages  claimed  by  an  American  citizen  who  was 
arrested,  fined  and  deprived  of  his  occupation  during 
Revolution  of  1885.  Settled  by  arbitrator  under  the 
agreement  of  May  17,  1898.^  Award  of  $40,000 
in  favor  of  the  United  States.  Arbitrator:  Great 
Britain. 

Malloy,  1443;  Darby,  832;  La  Fontaine,  £12. 

Portugal 

Violation  of  Neutrality. 

Alleged  non-fulfilment  of  neutral  duty  in  permitting 
destruction  of  American  ships  by  British  fleet  in  Por¬ 
tuguese  waters.  Settled  by  arbitrator  under  the  treaty 
of  February  26,  1851.  Award  in  favor  of  Portugal. 
Arbitrator:  France. 

Moore,  II,  1071;  V,  4791;  Malloy,  1458;  Darby,  781:  Brit, 
and  For.  St.  Paps.,  vol.  42,  p.  1378;  vol.  45,  p.  465;  Clercq., 
VI,  237 ;  La  Fontaine,  30. 

Delacjoa  Bay  Railway  Concession. 

Seizure  and  confiscation  in  1889  of  railroad  conces¬ 
sions  held  by  American  and  British  citizens  under  grant 
from  the  Portuguese  Government.  Submitted  to  arbi¬ 
tration  by  exchange  of  notes  on  August  13,  1890,  and  a 
protocol  dated  June  13,  1891.  Award,  in  favor  of  the 
United  States  and  Great  Britain,  of  15,314,000  francs, 
Swiss  money,  in  addition  to  £28,000  paid  on  account 
in  1890.  Total  award,  $3,091,682,  of  which  the 
United  States  received  $412,619.28.  Arbitrators:  3 
Switzerland. 

Moore,  II,  1865;  Malloy,  1460;  Darby,  816;  La  Fontaine,  397. 

Russia 

Seizure  of  Ships. 

Capture  of  American  fishing  vessels  in  the  Bering 
Sea  within  seven  miles  of  the  Asiatic  coast  by  Rus¬ 
sian  cruisers.  Settled  by  arbitration  under  a  protocol 


17 


signed  September  8,  1900.  Awards  of  $114,670 

in  favor  of  the  United  States.  Arbitrator:  Nether¬ 
lands. 

Malloy,  1532;  Darby,  837;  La  Fontaine,  618,  645. 


Salvador 

Confiscation  of  Gunpowder. 

In  September,  1851,  an  American  citizen  imported 
gunpowder  into  Salvador  and  had  disposed  of  a  part 
of  it  when,  in  1852,  the  sale  of  gunpowder  was  de¬ 
creed  a  government  monopoly.  Claimant  was  unable 
to  dispose  of  the  balance  of  powder  he  had  on  hand 
and  the  same  was  confiscated  by  the  government. 
Claim  settled  by  arbitration  under  an  agreement  of  May 
4,  1864.  Award  of  $4,497.50  in  favor  of  United 
States.  Arbitrators:  3  Latin  America. 

Moore,  II,  1855 ;  Darby,  789. 

Salvador  Commercial  Company. 

Claims  of  Salvador  Commercial  Company  arising  out 
of  alleged  appropriation  of  certain  rights  conceded  to 
it  by  the  Government  of  Salvador.  Submitted  to 
arbitration  under  protocol  dated  December  19,  1901. 
Award  of  $537,178.64,  in  favor  of  the  United  States. 
Commissioners:  1  United  States,  1  Salvador.  Umpire: 
Great  Britain. 

Malloy,  1568;  Darby,  901. 


Siam 

Military  Assault  on  Vice-Consul. 

Attack  on  the  American  Vice-Consul  by  Siamese  sol¬ 
diers,  on  November  19,  1896.  In  1897  the  question 
was  submitted  to  arbitration.  Award  in  favor  of  United 
States,  requiring  Government  of  Siam  to  publish  offi¬ 
cial  regrets.  Commissioners:  1  United  States,  1  Siam. 

Moore,  II,  1862;  Darby,  831;  La  Fontaine,  604 
Personal  Injuries. 

Claim  of  an  American  citizen  for  seizure  and  sale  of 
personal  property  by  the  Siamese  Government  in  1889. 
Settled  by  arbitration  under  protocol  of  an  agreement 


18 


dated  July  26,  1897.  Award  of  $196,713.36  in  favor  of 
the  United  States.  Arbitrator:  Great  Britain. 

Moore,  II,  1899;  V,  5068;  Darby,  831;  S.  Doc.  No.  180, 
54th  Cong.,  2nd  Sess. ;  For.  Reis.  U.  S.  (1897),  479;  La 
Fontaine,  579. 


Spain 

Maritime  Captures. 

Claims  against  Spain  for  depredations  committed  upon 
American  ships  during  the  war  between  Spain  and 
France.  Settled  by  commission  under  the  treaty  of  Oc¬ 
tober  27,  1795.  Award  of  $325,440,075  in  favor  of 
the  United  States.  Commissioners:  1  United  States,  1 
Spain.  Umpire:  United  States. 

Moore,  II,  991;  V,  4796;  Malloy  1640;  Darby,  770;  La  Fon¬ 
taine,  79;  Am.  St.  Paps.,  For.  Reis.,  I,  45,  48,  277,  533;  II, 
283;  IV,  530. 

East  and  West  Florida  Claims. 

Indemnity  to  Spanish  subjects  for  injuries  received 
during  operations  of  the  American  army  in  Florida, 
under  Article  9  of  the  treaty  of  February  22,  1819. 
By  act  of  Congress  of  March  3,  1823,  claimants  were 
remitted  to  the  superior  courts  of  St.  Augustine  and 
Pensacola,  the  judges  thereof  being  authorized  to  form 
a  tribunal.  The  sum  eventually  paid  by  the  United 
States  was  $1,024,741.44.  Diplomatic  Settlement. 

Moore,  V,  4519;  Malloy,  1651;  Darby,  893;  Am.  St.  Paps., 
For.  Reis.,  I,  63;  II,  564;  III,  538;  IV.  422,  776. 

Claims  of  American  Citizens  under  Treaty  of  i8ip. 

Payment  by  the  United  States  of  claims  of  its  own 
citizens  then  existing  against  Spain,  under  Article  11 
of  the  treaty.  Award  $5,000,000.  Diplomatic  Settle¬ 
ment.  Domestic  Commission. 

Moore,  V,  4487;  Malloy,  1651;  Darby,  893;  La  Fontaine,  7. 
Claims  Settlement  of  1834. 

Indemnities  to  various  American  claimants,  provision 
for  the  payment  of  which  was  made  by  Spain  in  a 
convention  signed  February  17,  1834.  Distribution 
of  $549,850.28,  made  by  United  States  to  claimants, 
January  31,  1838.  Diplomatic  Settlement. 

Moore,  V,  4533;  Malloy,  1659;  Darby,  895;  Brit,  and  For. 
St.  Paps.,  vol.  18,  p.  2. 


19 


“Colonel  Lloyd  Aspinwall " 

Seizure  and  detention  by  Spain,  in  1870,  of  the  American 
steamer  Colonel  Lloyd  Aspinwall.  Settled  by  arbitra¬ 
tion  commissioners  under  exchange  of  notes  dated  May 
25,  1870,  and  June  16,  1870.  Award  of  $19,702.50  in 
gold  in  favor  of  the  United  States.  Commissioners:  1 
United  States,  1  Spain. 

Moore,  II,  1007;  Darby,  793',  La  Fontaine,  154. 

Cuban  Insurrection  of  1868. 

Claims  for  wrongs  inflicted  upon  American  citizens 
during  Cuban  insurrection  of  1868.  Settled  by  mixed 
commission  under  the  diplomatic  agreement  of  Febru¬ 
ary  12,  1871.  Award  of  $1,293,450.55  in  favor  of  the 
United  States.  Commissioners:  1  United  States,  1  Spain. 
Umpires:  1  Austria,  1  France,  1  Italy,  1  Sweden  and 
Norway.  (Changed  because  of  resignations.) 

Moore,  II,  1019;  V,  4802;  Malloy,  1661;  Darby,  794;  Martens, 
2nd  Series,  I,  19;  La  Fontaine,  134,  640. 

Steamer  “ Virginius 

Indemnity  demanded  for  outrages  inflicted  on  officers 
and  crew  of  the  steamer  while  in  Cuban  waters.  By 
an  agreement  of  February  27,  1875,  Spain  agreed  to  pay 
$80,000.  Diplomatic  Settlement. 

Malloy,  1664. 

Bark  “ Masonic A 

Seizure  and  detention  of  American  ship  Masonic  at 
Manila  in  1879.  Settled  by  arbitrator  under  agreement 
by  mutual  notes,  signed  at  Madrid,  February  28,  1885. 
Award  of  $51,674  in  favor  of  the  United  States,  which 
was  $2,600  in  excess  of  the  amount  claimed.  Arbitra¬ 
tor:  Italy. 

Moore,  II,  1055;  For.  Reis.  U.  S.  (1885),  678;  Darby,  808;  La 
Fontaine,  281. 


Two  Sicilies 

Neapolitan  Indemnity. 

Claims  arising  out  of  depredations  on  American  ves¬ 
sels  during  Napoleonic  wars.  By  the  convention  of 
October  14,  1832,  the  King  of  the  Two  Sicilies  agreed 
to  pay  the  United  States  2,115,000  Neapolitan  ducats 
in  settlement.  Awards  rendered  in  1835  of  $1,- 


20 


925,034.68  in  favor  of  the  United  States.  Diplomatic 
Settlement. 

Moore,  V,  4575;  Darby,  894;  Am.  St.  Paps.,  For.  Reis.,  IV, 
160;  Malloy,  1804. 


Venezuela 

Claims  Settlement  of  1832. 

Indemnity  for  capture  and  confiscation,  in  1818-19 
and  1827,  of  certain  American  vessels.  By  the  conven¬ 
tion  of  May  1,  1852,  Venezuela  agreed  to  pay  the  Uni¬ 
ted  States  $90,000.  Diplomatic  Settlement. 

Malloy,  1842. 

Aves  Island  Case ,  1839. 

Claims  for  damages  caused  by  eviction  of  American 
citizens  from  the  island  by  Venezuelan  authorities. 
By  the  convention  of  January  14,  1859,  Venezuela 
agreed  to  pay  the  United  States  $130,000.  Diplomatic 
Settlement. 

Malloy,  1843. 

Pecuniary  Claims. 

Outstanding  claims  of  American  citizens  against  the 
Government  of  Venezuela  were  submitted  to  mixed 
arbitration  commissions  by  the  conventions  of 
April  25,  1866,  December  5,  1885,  March  15,  1888,  and 
October  5,  1888.  Award  of  $980,572.60  in  favor  of  the 
United  States.  Commissioners:  1  United  States,  1  Vene¬ 
zuela.  Umpire:  First  commission,  Venezuela;  second 
commission,  United  States. 

Malloy,  1856,  1858,  1865,  1866,  1867,  note;  Moore,  II,  1659; 
V,  4808. 

Seizure  of  Ships. 

Claims  arising  from  seizure  of  American  ships  and 
imprisonment  of  crews  by  the  Venezuelan  Govern¬ 
ment.  Settled  by  mixed  commission  under  conven¬ 
tion  signed  January  19,  1892.  Award  of  $141,800  in 
favor  of  the  United  States  and  $300  in  favor  of  Vene¬ 
zuela.  Commissioners:  1  United  States,  1  Venezuela. 
Umpire:  Sweden  and  Norway. 

Moore  II,  1693;  III,  2238;  V,  4818;  Malloy,  1868;  Darby 
818;  Martens,  2nd  Series,  XXII,  263;  La  Fontaine,  420. 


21 


Pecuniary  Claims. 

Various  claims  of  citizens  of  the  United  States. 
Settled  by  mixed  commission  under  protocol  of  Feb¬ 
ruary  17,  1903.  Award  of  $2,313,711.3/1  in  favor  of 
the  United  States.  Commissioners :  1  United  States,  1 
Venezuela.  Umpire:  Netherlands. 

Malloy,  1870;  Darby,  909;  Report  of  Robert  C.  Morris,  Agent. 

Preferential  Treatment  of  Blockading  Powers. 

Contention  of  Great  Britain,  Germany  and  Italy  in 
1903  that  those  countries  should  receive  payment  of 
obligations  of  Venezuela  prior  to  payment  of  obliga¬ 
tions  owing  to  other  Powers.  Referred  to  Permanent 
Court  of  Arbitration  at  The  Hague  under  protocols  of 
agreements  of  May  7,  1903,  between  Great  Britain, 
Germany,  Italy,  and  Venezuela  to  which  United  States 
assented  under  date  of  May  27,  1903.  Settled  by 
award  of  February  22,  1904,  in  favor  of  the  block¬ 
ading  Powers.  Arbitrators :  2  Russia,  1  Austria. 

Malloy,  1872. 

Orinoco  Steamship  Company. 

Arose  out  of  decision  by  umpire  of  the  claim  of  this 
company  presented  to  the  mixed  commission  of  1903 
between  the  United  States  and  Venezuela.  Two  ques¬ 
tions  were  presented :  First,  question  of  reopening  the 
arbitral  decision ;  second,  claim  for  an  amount  addi-  . 
tional  to  the  $28,000  awarded  by  the  umpire  in  the 
case  before  the  mixed  commission.  Settled  by  award 
dated  October  25,  1910,  of  the  Permanent  Court  of 
Arbitration  at  The  Hague,  under  a  protocol  signed 
February  13,  1909.  Decision  in  favor  of  the  United 
States  on  both  points  in  that  the  original  award  was 
opened  and  a  new  award  of  $90,000  rendered,  which 
included  the  $28,000  awarded  by  the  mixed  commis¬ 
sion.  Arbitrators:  1  Cuba,  1  Belgium.  Umpire:  Aus¬ 
tria. 

Malloy,  1881 ;  MSS.  Dep’t  of  State. 

United  States  and  Venezuela  Company. 

By  a  protocol  signed  August  21,  1909,  certain  conces¬ 
sions  held  by  this  company  were  released  to  the  Gov¬ 
ernment  of  Venezuela,  which  agreed  to  pay  to  the 
United  States  $475,000.  All  claims  between  Venezuela 


and  the  company  were  declared  satisfied.  Diplomatic 
Settlement. 

Malloy,  1887. 

The  Orinoco  Corporation. 

By  a  protocol  signed  September  9,  1909,  the  concession 
held  by  this  company  was  released  to  the  Government 
of  Venezuela,  which  agreed  to  pay  to  the  United  States 
the  sum  of  $385,000.  All  claims  between  Venezuela 
and  the  company  were  declared  satisfied.  Diplomatic 
Settlement. 

Malloy,  1889. 


23 


SUMMARY 


COUNTRY 

Awards  or  settle¬ 

ments  in  favor  of 
United  States. 

Awards  or  settle¬ 

ments  against 
United  States. 

Awards  or  settle¬ 

ments  favoring 
all  parties. 

TOTAL 

AWARDS 

In  favor 
of 

United  States 

Against 

the 

United  States 

Brazil . 

3 

$  725,460.04 

Chile . 

3 

1 

1,237,693.13 

$  3,000.00 

China . 

3 

ll,739,838.97a 

Colombia  .... 

3 

618,003.66 

Costa  Rica .... 

1 

25,704.14 

Denmark . 

1 

1 

650,000.00 

Dominican 

Republic  •  •  • 

3 

4,770,661.17 

Ecuador . 

2 

134,799.56 

France  . 

2 

4,827,636.21 

2,125,566.35 

Germany  ..... 

1 

121,500.00 

Great  Britain  •  • 

4 

5 

8b 

28,690,694.16 

11,637,501.28 

Guatemala .... 

1 

143,750.73 

Haiti  . 

4 

263,450.00 

Mexico . 

1 

1 

3 

4,835,663. 53c 

3,358,813.37d 

Nicaragua  .... 

1 

8,365.94 

Paraguay  .... 

1 

Peru  . 

2 

1 

2 

713,046.26 

82,340.00 

Portugal . 

1 

1 

412,619.28 

Russia  . . 

1 

114,670.00 

Salvador . 

2 

541,676.14 

Siam  . 

2 

196,713.36 

Spain . 

6 

2 

2,320,117.40 

6,024,741.44e 

Two  Sicilies  • . 

1 

1,925,034.68 

Venezuela  •  •  •  • 

7 

1 

1 

4,606,083.97 

300.00 

52 

14 

17 

$69,501,682.33 

$23,353,762.44 

Grand  Total  of  Awards . $92,855,444.77 

In  favor  of  the  United  States  -  -$69,501,682.33=74.8  per  cent. 
Against  the  United  States  •  •  -  -$23,353,762.44=25.2  per  cent. 

a.  Of  the  total  amount  recovered  from  China,  $11,000,000  repre¬ 
sents  the  indemnity  finally  exacted  by  the  United  States  on  account 
of  the  Boxer  Insurrection  of  1900.  Of  this  sum,  $2,000,000  was  allot¬ 
ted  by  the  State  Department  to  claimants;  $2,000,000  more  was  re¬ 
served  by  Congress  to  settle  any  additional  amounts  which  might 
be  found  due  claimants  through  determination  of  damages  by 


24 


the  Court  of  Claims;  and  $7,000,000  represents  the  combined  esti¬ 
mated  cost  of  the  insurrection  to  the  War  and  Navy  Departments. 

b.  Of  the  eight  cases  listed  under  this  heading,  two  were  mutual 
pecuniary  claims  arbitrations  in  which  the  United  States  recovered 
$11,985,734.16  and  Great  Britain  $2,350,350.02,  a  recovery  by  the  Uni¬ 
ted  States  of  $9,635,384.14  more  than  Great  Britain.  Thus  these 
two  arbitrations  might  properly  be  classed  as  won  by  the  United 
States  rather  than  under  the  heading  as  listed.  Of  the  six  remaining 
arbitrations  and  settlements  under  this  head,  two  were  boundary  dis¬ 
putes,  finally  settled  by  treaty,  which  may  be  termed  compromises 
generally  satisfactory  to  both  sides;  one  a  boundary  dispute  decided 
largely  against  the  United  States;  one  a  boundary  dispute  (the 
Alaskan  Boundary),  which  was  almost  entirely  in  favor  of  the 
United  States ;  one  a  question  of  interpretation  of  treaty  rights 
(North  Atlantic  Coast  Fisheries),  in  which  the  United  States  won 
five  out  of  the  seven  questions  submitted  and,  as  a  final  result  of  the 
arbitration,  practically  gained  its  contentions  as  to  the  other  two 
questions  in  controversy;  and  one  is  still  pending. 

c.  Of  the  amount  listed  under  this  head,  $710,041.33  ($1,420,082.6 7 
Mexican  money)  represents  a  recovery  by  the  United  States  in 
what  is  known  as  the  “Pious  Fund  Case.”  The  decision  also  re¬ 
quired  the  Government  of  Mexico  to  pay  to  the  United  States  the 
sum  of  $43,050.99  (Mexican  money)  annually  in  perpetuity.  In 
computing  the  total  amounts  recovered  this  latter  annual  payment 
has  not  been  considered. 

d.  Of  the  total  amount  listed  as  recovered  by  Mexico  from  the 
United  States,  viz :  $3,358,813.37,  the  sum  of  $3,208,314.96  does  not 
really  represent  an  award  against  the  United  States ;  it  represents 
the  amount  of  indemnity  demanded  by  citizens  of  the  United  States 
who  held  claims  against  the  Government  of  Mexico  at  the  con¬ 
clusion  of  the  Treaty  of  Guadalupe  Hidalgo  of  February  2,  1848.  In 
consideration  of  a  large  tract  of  land  ceded  by  Mexico  under  the 
terms  of  the  treaty,  the  United  States  assumed  the  payment  of 
these  claims. 

e.  $5,000,000  of  this  sum  was  paid  by  the  United  States  to  its  own 
citizens  under  Treaty  of  1819. 


